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Department of Energy <br />Environmental Management <br />Consolidated Business Center <br />250 East 5`i' Street, Suite 500 <br />Cincinnati, 01rio 45202 <br />(513) 246-0500 <br />May 13, 2009 <br />Mr. Michael J. Kortendick, A.I.C.P. <br />Landform, Inc. <br />P.O. Box 9 <br />Evergreen; CO 80437-0009 <br />EMCBC-OLS-0472-09 <br />Dear Mr. Kortendick: <br />BESTWAY CONCRETE, TEMPORARY BATCH PLANT; ROCKY FIATS SITE (CO) <br />This letter is in response to your letter dated April 28, 2009, regarding the above subject matter. We at <br />Department of Energy (DOE) appreciate your position; however, we request that you immediately <br />discontinue the Bestway Concrete Batch Plant operations on our Rocky Flats site. You have -60 days <br />from receipt of this letter to remove all temporary structures, concrete waste products, recycled concrete, <br />and similar by-products associated with the operation at the site. We believe that provides you with <br />sufficient tune to relocate all the structures and the operation. We have been patient and have given you <br />ample time to provide us with the documentation and justification for the batch plant at this location. <br />The references you provided for further research do not provide the justification needed. <br />The Federal Government does not allow access to Federal lands for the purpose of running a <br />commercial enterprise absent statutory or other authority. Neither The Rocky Flats National Wildlife <br />Refuge Act of 2001, nor its supplement found in Section 3112 of the National Defense Authorization <br />Act of 2006, authorize such use, Without such authority, the DOE can not and has not authorized any <br />commercial uses at the Rocky Flats site and is not able or prepared to do so. <br />Please contact me at 513-246-0221, if further information on this matter is needed, <br />Sincerely, <br />Tom Aug <br />Attorney Advisor <br />Office of Legal Services <br />cf• <br />Tim Carl <br />Jefferson County Planning and Zoning <br />100 Jefferson County Parkway, #3550 <br />Golden, CO 80410